Elements of Property Crimes in Utah
Utah property crimes generally involve taking, damaging, or destroying property of another person. Criminal intent is a key element in most Utah property crime cases.
A person who damages or destroys property by accident will not normally be guilty of a crime. A person who takes property of another with the honest belief that he or she has the legal right to possess that property is also not guilty of a crime. There is still a potential for civil liability. But without proof of the required criminal intent, mere evidence that property was taken, destroyed, or damaged is not, by itself, sufficient to support a
criminal charge.
The best defense attorneys ask questions that police don’t.
Potential Penalties for Utah Property Crimes
Property crimes in Utah can range in seriousness from minor misdemeanors all the way to first-degree felony charges. The punishments for property crimes can range from simple probation to life prison terms.
For many Utah property crime charges, the level of the offense will depend on the value of the property involved. Charges involving property or damage valued at less than $500 are normally filed as class B misdemeanors. If the value is $500 or more but less than $1,500, charges can be filed as class A misdemeanor. If the value is more than $1,500 the charge can be filed as a third degree felony. If the value is more than $5,000 then a second degree felony can be filed. Under some circumstances, the charge can be enhanced (based on the use of a weapon, participation in a group criminal act, etc.) to the first degree felony level with the potential for life in prison.
There are certain offenses that are considered felonies regardless of the value of the property. Crimes such as theft of a motor vehicle or theft of a firearm are automatic second degree felonies regardless of the value of the items taken.
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
Choosing a Utah Criminal Defense Attorney in Utah
If you are charged with property crimes in Utah, you could be facing jail, prison, and potentially thousands of dollars in fines. An experienced Utah criminal defense lawyer can significantly improve your chances of success in defending your case.
Contact us today to schedule an initial consultation. See the difference our team can make for you.
